§ 30-202. Definitions.

The following words and phrases, when used in this chapter shall, for the purpose of this chapter, have the meanings respectively ascribed to them in this section, except where the context otherwise requires:

(1)

Alcoholic beverages means all beverages containing more than one (1) percent of alcohol by weight. The percentage of alcohol by weight shall be determined by measuring the weight of the standard ethyl alcohol in the beverage and comparing it with the weight of the remainder of the ingredients as though said remainder ingredients were distilled water. It is the intent of this subsection that the volume and weight tables for standard ethyl alcohol and distilled water as established by the National Bureau of Standards shall be conclusive regardless of the actual weight which variance from the weight of distilled water is due to the adding of sugar, flavoring, or other ingredients used in making the final product.

(1.01)

All terrain vehicle (ATV). Any motorized off-highway vehicle 50 inches (1270 mm) or less in width, having a dry weight of 600 pounds (273 kg) or less, traveling on three (3) or more low-pressure tires, designed for operator use only with no passengers, having a seat or saddle designed to be straddled by the operator, and having handlebars for steering control.

(1.1)

Authorized emergency vehicles. Vehicles of the fire department (fire patrol), police vehicles, such ambulances and emergency vehicles of municipal departments or public service corporations operated by private corporations, and emergency vehicles of the Department of Transportation, as are designated or authorized by the Department or the Chief of Police of an incorporated city or any Sheriff of the various counties.

(2)

Bicycle. Every vehicle propelled solely by human power, or any moped or any motor-driven cycle propelled by a pedal-activated helper motor with a manufacturer's certified maximum rating of one and one-half (1½) brake horsepower, upon which any person may ride, having two (2) tandem wheels, and including any device generally recognized as a bicycle though equipped with two (2) front or two (2) rear wheels, except such vehicles with a seat height of no more than twenty-five (25) inches from the ground when the seat is adjusted to its highest position, and except scooters and similar devices.

(3)

Bus. Any motor vehicle designed for carrying more than ten (10) passengers and used for the transportation of persons; and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation.

(4)

Business district. The territory contiguous to, and including a highway when fifty (50) percent or more of the frontage thereon, for a distance of three hundred (300) feet or more, is occupied by buildings in use for business.

(5)

Cancellation. Cancellation means that a license which was issued through error or fraud is declared void and terminated. A new license may be obtained only as permitted in this chapter.

(6)

Crosswalk.

(a)

That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway;

(b)

Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.

(7)

Daytime. Daytime means from a half hour before sunrise to a half hour after sunset. Nighttime means at any other hour.

(8)

Department.

(a)

Any reference herein to Department shall be construed as referring to the Department of Highway Safety and Motor Vehicles, defined in Section 20.24, F.S., or the appropriate division thereof.

(b)

Any reference herein to Department of Transportation shall be construed as referring to the Department of Trans- portation, defined by Section 20.23, F.S., or the appropriate division thereof.

(9)

Director. Director of the Division of the Florida Highway Patrol of the Department of Highway Safety and Motor Vehicles.

(10)

Driver. Any person who drives or is in actual physical control of a vehicle, on a highway, or who is exercising control of a vehicle or steering a vehicle being towed by a motor vehicle.

(11)

Explosive. Any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion and which contains any oxidizing and combustive units or other ingredients in such proportions, quantities, or packing that an ignition by fire, by friction, by concussion, by percussion or by detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effect on contiguous objects or of destroying life or limb.

(12)

Farm tractor. Any motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines, and other implements of husbandry.

(13)

Flammable liquid. Any liquid which has a flash point of seventy (70) degrees Fahrenheit, or less, as determined by a Tagliabue or equivalent closed-cup test device.

(14)

Gross weight. The weight of a vehicle without load plus the weight of any load thereon.

(14.1)

Holidays. Where used in this chapter or on authorized signs erected by authorized official agencies shall, in addition to Sundays, mean those entire days declared by law of the State of Florida to be legal holidays, to wit: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.

(15)

House trailer.

(a)

A trailer or semitrailer which is designed, constructed and equipped as a dwelling place, living abode or sleeping place (either permanently or temporarily) and is equipped for use as a conveyance on streets and highways, or

(b)

A trailer or a semitrailer whose chassis and exterior shell is designed and constructed for use as a house trailer, as defined in paragraph (a), but which is used instead permanently or temporarily for the advertising, sales, display or promotion of merchandise or services, or for any other commercial purpose except the transportation of property for hire or the transportation of property for distribution by a private carrier.

(16)

Implement of husbandry. Any vehicle designed and adapted exclusively for agricultural, horticultural or livestock raising operations or for lifting or carrying an implement of husbandry and in either case not subject to registration if used upon the highways.

(17)

Intersection.

(a)

The area embraced within the prolongation or connection of the lateral curblines; or, if none, then the lateral boundary lines of the roadways of two (2) highways which join one another at, or approximately at right angles; or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict.

(b)

Where a highway includes two (2) roadways thirty (30) feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. In the event such intersecting highway also includes two (2) roadways thirty (30) feet or more apart, then every crossing of two (2) roadways of such highways shall be regarded as a separate intersection.

(18)

Laned highway. A highway, the roadway of which is divided into two (2) or more clearly marked lanes for vehicular traffic.

(19)

Limited access facility. A street or highway especially designed for through traffic, and over, from or to which owners or occupants of abutting land or other persons have no right or easement or only a limited right or easement of access, light, air, or view by reason of the fact that their property abuts upon such limited access facility or for any other reason. Such highways or streets may be parkways from which trucks, buses, and other commercial vehicles shall be excluded; or they may be freeways open to use by all customary forms of street and highway traffic.

(20)

Local authorities. Includes all officers and public officials of the several counties and municipalities of this State.

(21)

Motor vehicle. Any vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails.

(22)

Motorcycle. Any motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground, but excluding a tractor.

(23)

Motor-driven cycles. Every motorcycle and every motor scooter with a motor which produces not to exceed five (5) brake horsepower, including every bicycle with motor attached.

(24)

Official traffic control signal. Any device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed.

(25)

Official traffic control devices. All signs, signals, markings, and devices, not inconsistent with this chapter, placed or erected by authority of a public body or official having jurisdiction for the purpose of regulating, warning, or guiding traffic.

(25.1)

Open container means any bottle, can, cup, glass, or other receptacle containing any alcoholic beverage which is open, which has been opened, which has its seal broken, or which has had its contents partially removed. The term "open container" includes a receptacle located in any unlocked glove compartment. The term does not include a receptacle located in the trunk of the motor vehicle or, if the motor vehicle is not equipped with a trunk, in some other cargo area not normally occupied by the driver or passengers.

(26)

Operator. Any person who is in actual physical control of a motor vehicle upon the highway, or who is exercising control over or steering a vehicle being towed by a motor vehicle.

(27)

Owner. A person who holds the legal title of a vehicle, or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner, for the purposes of this chapter.

(27.1)

Parcel trunk Any truck with a length not exceeding sixteen (16) feet, and any fixed-bodied, six-bay, side-loading truck regardless of length.

(28)

Park or parking. The standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers as may be permitted by law under this chapter.

(29)

Pedestrian. Any person afoot, or on roller skates, or riding in or by means of any coaster, toy vehicle (without a motor) or similar device.

(30)

Person. Any natural person, firm, copartnership, association, or corporation.

(31)

Pneumatic tire. Any tire in which compressed air is designed to support the load.

(32)

Pole trailer. Any vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads such as poles, pipes, or structural members capable, generally, of sustaining themselves as beams between the supporting connections.

(33)

Police officer. Any officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations including Florida Highway Patrolmen, sheriffs, deputy sheriffs and municipal police officers.

(33.1)

Portable street scooter. Any vehicle consisting of a long footboard between two small end wheels, controlled by a foldable upright steering handle attached to the front wheel.

(34)

Private road or driveway. Any way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons.

(35)

Radioactive materials. Any materials or combination of materials which emit ionizing radiation spontaneously, in which the radioactivity per gram of material, in any form, is greater than two-thousandths (0.002) microcuries.

(36)

Railroad. A carrier of persons or property upon cars operated upon stationary rails.

(37)

Railroad sign or signals. Any sign, signal or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train.

(38)

Railroad train. A steam engine, electric or other motor, with or without cars coupled thereto, operated upon rails, except streetcars.

(39)

Residence district. The territory contiguous to, and including, a highway not comprising a business district when the property on such highway, for a distance of three hundred (300) feet or more, is in the main, improved with residences or residences and buildings in use for business.

(40)

Revocation. Revocation means that a licensee's privilege to drive a motor vehicle is terminated. A new license may be obtained only as permitted by law.

(41)

Right-of-way. The right of one (1) vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed and proximity as to give rise to danger of collision unless one (1) grants precedence to the other.

(42)

Road tractor. Any motor vehicle designed and used for drawing other vehicles and not so constructed as to carry any load thereon independently or any part of the weight of a vehicle or load so drawn.

(43)

Roadway. That portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two (2) or more separate roadways, the term "roadway" as used herein shall refer to any such roadway separately but not to all such roadways collectively.

(44)

Saddle mount. An arrangement whereby the front wheels of one (1) vehicle rest in a secured position upon another vehicle. All of the wheels of the towing vehicle are upon the ground and only the rear wheels of the towed vehicle rest upon the ground.

(45)

Safety zone. The area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked by adequate signs or authorized pavement markings as to be plainly visible at all times while set apart as a safety zone.

(46)

School bus. Any motor vehicle that complies with the color and identification requirements of Chapter 234, F.S., and used to transport children to or from school or in connection with school activities, but not including buses operated by common carriers in urban transportation of school children.

(47)

Semitrailer. Any vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon, or is carried by, another vehicle.

(48)

Sidewalk. That portion of a street between the curblines, or the lateral lines of a roadway, and the adjacent property lines, intended for use of pedestrians.

(49)

Special mobile equipment. Any vehicle not designed or used primarily for the transportation of persons or property and only incidentally operated or moved over a highway, including but not limited to: ditchdigging apparatus, well boring apparatus and road construction and maintenance machinery such as asphalt spreaders, bituminous mixers, bucket loaders, tractors other than truck tractors, ditchers, leveling grades, finishing machines, motor graders, road rollers, scarifiers, earth moving carry alls and scrapers, power shovels and draglines, and self-propelled cranes and earth moving equipment. The term does not include house trailers, dump trucks, truck-mounted transit mixers, cranes or shovels, or other vehicles designed for the transportation of persons or property to which machinery has been attached.

(50)

Stand or standing. The halting of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers, as may be permitted by law under this chapter.

(51)

State road. Any highway designated as a state maintained road by the Department of Transportation.

(52)

Stop. When required means complete cessation from movement.

(53)

Stop or stopping. When prohibited means any halting even momentarily, of a vehicle whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a law enforcement officer or traffic control sign or signal.

(54)

Street or highway. The entire width between the boundary lines of every way or place of whatever nature when any part thereof is open to the use of the public for purposes of vehicular traffic.

(54.1)

Sundays. The term "Sunday" or "Sundays" includes both Sundays and holidays as the same are defined herein.

(55)

Suspension. A licensee's privilege to drive a motor vehicle is temporarily withdrawn.

(56)

Through highway. Any highway or portion thereof on which vehicular traffic is given the right-of-way, and at the entrances to which vehicular traffic from intersecting highways is required to yield right-of-way to vehicles on such through highway in obedience to either a stop sign or yield sign, or otherwise in obedience to law.

(57)

Tire width. Tire width is that width stated on the surface of the tire by the manufacturer of the tire, provided the width stated does not exceed two (2) inches more than the width of the tire contacting the surface.

(58)

Traffic. Pedestrians, ridden or herded animals, vehicles, streetcars and other conveyances either singly or together while using any street or highway for purposes of travel.

(58.1)

Traffic director. That person who is responsible for the planning and geometric design of streets, highways and abutting lands and with operation thereon as the use is related to the safe, convenient and economic transportation of persons and goods. Whenever the term "traffic director" or "director of traffic and transportation" or other similar term is used herein, the same shall refer to the Administrator of the Traffic and Transportation Department of Miami-Dade County.

(59)

Trailer. Any vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle.

(60)

Truck. Any motor vehicle designed, used or maintained primarily for the transportation of property.

(61)

Truck operator. Any motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.

(62)

Migrant farm worker. Any person employed in the planting, cultivating or harvesting of agricultural crops who is not indigenous to or domiciled in the locale where so employed. Carrier of migrant farm worker means any person who transports or who contracts or arranges for the transportation of migrant farm workers to or from their employment by motor vehicle other than a passenger automobile or station wagon, except a migrant farm worker transporting himself or his immediate family, and except the owner, or manager or a fulltime employee of the owner or manager of the crops where such migrant farm worker is employed.

(63)

Vehicle. Every device, in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. The term shall include but not be limited to boats mounted on trailers, recreational vehicles and motor homes.

(Ord. No. 71-94, § 1, 12-21-71; Ord. No. 84-19, § 1, 3-6-84; Ord. No. 86-26, §§ 2—4, 4-1-86; Ord. No. 95-81, § 1, 5-2-95; Ord. No. 96-63, § 1, 5-7-96; Ord. No. 96-82, § 1, 6-4-96; Ord. No. 00-150, § 1, 11-28-00; Ord. No. 01-45, § 1, 3-20-01; Ord. No. 01-86, § 1, 5-8-01)